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Encyclopedia > Tort
Tort law
Part of the common law series
Intentional torts
Assault  · Battery  · False imprisonment
Intentional infliction of
emotional distress (IIED)
Consent  · Necessity  · Self defense
Property torts
Trespass  · Conversion
Detinue  · Replevin  · Trover
Dignitary torts
Defamation  · Invasion of privacy
Breach of confidence  · Abuse of process
Malicious prosecution
Alienation of affections
Economic torts
Fraud  · Tortious interference
Conspiracy  · Restraint of trade
Nuisance
Public nuisance  · Rylands v. Fletcher
Negligence
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence
Rescue doctrine  · Duty to rescue
Specific kinds of negligence
Negligent infliction of
emotional distress (NIED)
In employment  · Entrustment
Malpractice
Duty to visitors
Trespassers  · Licensees  · Invitees
Attractive nuisance
Strict liability torts
Product liability  · Ultrahazardous activity
Liability, defences, remedies
Comparative and contributory negligence
Last clear chance  · Eggshell skull
Vicarious liability  · Volenti non fit injuria
Ex turpi causa non oritur actio
Damages  · Injunction
Common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

Tort law is the name given to a body of law that creates, and provides remedies for, civil wrongs that do not arise out of contractual duties.[1] A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible, or "liable," for those injuries. Generally speaking, tort law defines what constitutes a legal injury, and establishes the circumstances under which one person may be held liable for another's injury. Torts cover intentional acts and accidents. Image File history File links Scale_of_justice_2. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... At common law, battery is the tort of intentionally (or, in Australia, negligently) and volitionally bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (i. ... False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ... In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread... This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ... “Unlawful entry” redirects here. ... In law, conversion is an intentional tort to personal property (same as chattel), where defendants unjustified willful interference with the chattel deprives plaintiff of possession of such chattel. ... In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ... Replevin is an Anglo-French law term (derived from repletir, to replevy). ... Trover signifies finding. ... Slander and Libel redirect here. ... Invasion of privacy is a legal term essentially defined as a violation of the right to be left alone. ... The tort of breach of confidence, is a common law tort that protects private information that is conveyed in confidence. ... Abuse of process is a common law intentional tort. ... Malicious prosecution is a common law intentional tort. ... At common law, alienation of affections is a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. ... Economic Torts are torts for which employers can sue trade union officials or members who are taking part in industrial action. ... Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiffs contractual or other business relationships. ... In the law of tort, the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i. ... At present, the law will not enforce certain types of contracts on the ground of illegality. ... Nuisance is a common law tort. ... Nuisance is a common law tort. ... Rylands v. ... Negligence is a legal concept usually used to achieve compensation for injuries (not accidents). ... In tort law, a duty of care is a legal obligation imposed on an individual requiring that they exercise a reasonable standard of care while performing any acts that could foreseeably harm others. ... In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. ... In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... Res ipsa loquitur is a legal term from the Latin meaning literally, The thing itself speaks but is more often translated The thing speaks for itself. The doctrine is applied to tort claims which, as a matter of law, do not have to be explained beyond the obvious facts. ... In the United States, the calculus of negligence or learned hand rule is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of care has been breached (see negligence). ... The rescue doctrine of the law of torts holds that, where a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue... A duty to rescue is a concept in the law of torts that arises in a narrow number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party in peril. ... The tort of negligent infliction of emotional distress (NIED) is a controversial legal theory and is not accepted in many United States jurisdictions. ... Negligent entrustment is a cause of action in tort law that arises where one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. ... For other uses, see Malpractice (disambiguation). ... In the law of torts, property, and criminal law a trespasser is a person who is trespassing on a property, that is, without the permission of the owner. ... A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. ... In the law of torts, an invitee is a person who is invited to land by the possessor of the land as a member of the public, or one whos invited to the land for the purpose of business dealings with the possessor of the land. ... Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the... Products liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. ... An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others... Comparative negligence is a system of apportioning recovery for a tort based on a comparison of the plaintiffs negligence with the defendants. ... Contributory negligence is a common law defence to a claim based on negligence, an action in tort. ... The last clear chance is a doctrine in the law of torts that is employed in contributory negligence jurisdictions. ... The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from their activities leading to an injury to another person, even if the victim suffers unusual damages due to a pre... Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the right, ability or duty to... Volenti non fit injuria is a Latin expression meaning to a willing person, no injury is done. The principle is that someone who knowingly and willingly puts himself in a dangerous situation will be legally disentitled to sue for his or her resulting injuries. ... If you commit a crime, you cannot sue for damages that you experience while committing the crime ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ... Look up Injunction in Wiktionary, the free dictionary. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... This article or section does not cite any references or sources. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... The law of evidence governs the use of testimony (e. ... torte noun {C} a round flat sweet cake, often with cream and fruit on top of or inside it. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ... In the most general sense, a liability is anything that is a hindrance, or puts individuals at a disadvantage. ...


For instance, if somebody throws a ball and hits a pedestrian in the eye, the pedestrian may sue the ball thrower for losses occasioned by the accident (for example, costs of medical treatment or lost income during time off work). Whether or not the pedestrian wins will depend on whether he can prove the thrower engaged in tortious conduct. If the person threw the ball at the pedestrian on purpose, the pedestrian could sue for the intentional tort of battery. If it was an accident, the pedestrian must establish negligence. To do this, the pedestrian must show that his injury was reasonably foreseeable, that the thrower owed him a duty of care, and that the thrower fell below the standard of care required of him. One of the main issues in negligence law is determining the "standard of care" - a legal phrase that means distinguishing between when conduct is or is not negligent. An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... At common law, battery is the tort of intentionally (or, in Australia, negligently) and volitionally bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (i. ... Negligence is a legal concept usually used to achieve compensation for injuries (not accidents). ...


In much of the western world, the touchstone of tort liability is negligence. Unless the injured person can prove that the person they believe injured them acted with at least negligence to cause their injury, tort law will not compensate them. Tort law also recognizes intentional torts and strict liability, which apply to defendants who engage in certain actions. Negligence is a legal concept usually used to achieve compensation for injuries (not accidents). ... An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. ...


In tort law, potential "injuries" are defined broadly. Injury does not just mean a physical injury such as where the pedestrian is struck by a ball. "Injuries" in tort law reflect any invasion of any number of individual "interests." This includes interests recognized in other areas of law, such as property rights. Actions for nuisance and trespass to land can arise from interfering with rights in real property. Conversion and trespass to chattles can protect interference with movable property. Interests in prospective economic advantages from contracts can also be injured and become the subject of tort actions. A number of situations caused by parties in a contractual relationship may nevertheless be tort rather than contract claims, such as breach of fiduciary duty This article or section does not cite any references or sources. ... Nuisance is a common law tort. ... “Unlawful entry” redirects here. ... In general, conversion is the transformation of one thing into another. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... A fiduciary is a person who occupies a position of trust in relation to someone else such that he is required to act for the latters benefit within the scope of that relationship. ...


Tort law may also be used to compensate for injuries to a number of other individual interests that are not recognized in property or contract law, and are intangible. This includes an interest in freedom from emotional distress, privacy interests, and reputation. These are protected by a number of torts such as infliction, privacy torts, and defamation. Defamation and privacy torts may, for example, allow a celebrity to sue a newspaper for publishing an untrue and harmful statement about him. Other protected interests include freedom of movement, protected by the intentional tort of false imprisonment. Privacy is the ability of an individual or group to control the flow of information about themselves and thereby reveal themselves selectively. ... Slander and Libel redirect here. ... False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority. ...


The equivalent of tort in civil law jurisdictions is delict.[2] The law of tort can be categorised as part of the law of obligations, but, unlike voluntarily assumed obligations (such as those of contract, or trust), the duties imposed by the law of tort apply to all those subject to the relevant jurisdiction. To behave 'tortiously' is to harm another's body, property, or legal rights, or, possibly, to breach a duty owed under statute. One who commits a tortious act is called a "tortfeasor".[3] Torts is one of the American Bar Association mandatory first year law school courses.[4] For other uses of civil law, see civil law. ... Delict is a concept of civil law which is used to some degree in many civil law legal systems. ... The Law of Obligations is one of the component private law elements of the civil law system of law (as well as of mixed legal systems, such as Scotland, South Africa, and Louisiana) and encompasses contractual obligations, quasi-contractual obligations such as enrichment without cause and extra-contractual obligations. ... This article does not cite any references or sources. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... This page deals with property as ownership rights. ... Statutory law is written law (as opposed to oral or customary law) set down by a legislature or other governing authority such as the executive branch of government in response to a perceived need to clarify the functioning of government, improve civil order, answer a public need, to codify existing... American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. ...

Contents

Etymology

Middle English, "injury", from Anglo-French, from Medieval Latin tortum, from Latin, neuter of tortus "twisted", from past participle of torquēre. Middle English is the name given by historical linguistics to the diverse forms of the English language spoken between the Norman invasion of 1066 and the mid-to-late 15th century, when the Chancery Standard, a form of London-based English, began to become widespread, a process aided by the... Medieval Latin was the form of Latin used in the Middle Ages, primarily as a medium of scholarly exchange and as the liturgical language of the medieval Roman Catholic Church, but also as a language of science, literature, law, and administration. ... In linguistics, a participle is an adjective derived from a verb. ...


Categories of torts

Torts may be categorised in a number of ways: one such is to divide them into Negligence Torts, and Intentional Torts.


The dominant action in tort is negligence. The tort of negligence provides a cause of action leading to damages, or to injunctive relief, in each case designed to protect legal rights, including those of personal safety, property, and, in some cases, intangible economic interests. Negligence actions include claims arising primarily from automobile accidents and personal injury accidents of many kinds, including clinical negligence. Product liability cases may also be considered negligence actions, but there is frequently a significant overlay of additional statutory content. Negligence is a legal concept usually used to achieve compensation for injuries (not accidents). ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ... An injunction is an equitable remedy in the form of a court order that either prohibits or compels (enjoins or restrains) a party from continuing a particular activity. ... Products liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. ...


Among intentional torts may be certain torts arising out of the occupation or use of land. One such is the tort of nuisance, which connotes strict liability for a neighbor who interferes with another's enjoyment of his real property. Trespass allows owners to sue for incursions by a person (or his structure, for example an overhanging building) on their land. There is a tort of false imprisonment, and a tort of defamation, where someone makes an unsupportable allegation represented to be factual which damages the reputation of another. Nuisance is a common law tort. ... Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. ... “Unlawful entry” redirects here. ... False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority. ... Slander and Libel redirect here. ...


Workers Compensation laws were a legislative response to the common law torts doctrine placing limits on the extent to which employees could sue their employers in respect of injuries sustained during employment.


Negligence

Main article: Negligence
A decomposed snail in Scotland was the humble beginning of the modern law of negligence
A decomposed snail in Scotland was the humble beginning of the modern law of negligence

Negligence is a tort which depends on the existence of a breach of duty of care owed by one person to another. One well-known case is Donoghue v. Stevenson[5] where Mrs. Donoghue consumed part of a drink containing a decomposed snail while in a public bar in Paisley, Scotland and claimed that it had made her ill. The snail was not visible, as the bottle of ginger beer in which it was contained was opaque. Neither her friend, who bought it for her, nor the shopkeeper who sold it were aware of its presence. The manufacturer was Mr. Stevenson, whom Mrs. Donoghue sued for damages for negligence. She could not sue Mr. Stevenson for damages for breach of contract because there was no contract between them. The majority of the members of the House of Lords agreed (3-2) that Mrs. Donoghue had a valid claim, but disagreed as to why such a claim should exist. Lord MacMillan thought this should be treated as a new product liability case. Lord Atkin argued that the law should recognise a unifying principle that we owe a duty of reasonable care to our neighbors. He quoted the Bible in support of his argument, specifically the general principle that "thou shalt love thy neighbor." The elements of negligence are: Negligence is a legal concept usually used to achieve compensation for injuries (not accidents). ... ImageMetadata File history File links Download high resolution version (1024x604, 92 KB) Picture of a grapevine snail (Helix pomatia). ... ImageMetadata File history File links Download high resolution version (1024x604, 92 KB) Picture of a grapevine snail (Helix pomatia). ... In tort law, a duty of care is a legal obligation imposed on an individual requiring that they exercise a reasonable standard of care while performing any acts that could foreseeably harm others. ... Donoghue (or McAlister) v. ... For other uses, see Paisley (disambiguation). ... This article is about the country. ... Ginger beer is a type of carbonated beverage, flavored primarily with ginger, lemon and sugar. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... This article is about the British House of Lords. ... Hugh Pattison Macmillan, Baron Macmillan (20 February 1873 – 5 September 1952) was a Scottish judge. ... James Richard Atkin, Baron Atkin (November 28, 1867 - June 25, 1944) was an English jurist. ... For other uses, see Bible (disambiguation). ...

In tort law, a duty of care is a legal obligation imposed on an individual requiring that they exercise a reasonable standard of care while performing any acts that could foreseeably harm others. ... In tort, there can be no liability in negligence unless the claimant establishes both that he or she was owed a duty of care by the defendant, and that there has been a breach of that duty. ... In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... In the English law of negligence, the test of causation not only requires that the defendant was the cause in fact, but also requires that the loss or damage sustained by the claimant was not too remote. ... Causation is the bringing about of a result, and in law it is an element in various tests for legal liability. ...

Statutory torts

A statutory tort is like any other, in that it imposes duties on private or public parties, however they are created by the legislature, not the courts. One example is in consumer protection, with the Product Liability Directive in the European Union, where businesses making defective products that harm people must pay for any damage resulting. Liability for defective products is strict in most jurisdictions. The theory of risk spreading provides support for this approach. Since manufacturers are the 'cheapest cost avoiders', because they have a greater chance to seek out problems, it makes sense to give them the incentive to guard against product defects. Products liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. ... In the law of torts, property, and criminal law a trespasser is a person who is trespassing on a property, that is, without the permission of the owner. ... A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. ...


Another example is the Occupiers' Liability Acts[6] in the UK whereby a person, such as a shopowner, who invites others onto land, or has trespassers, owes a minimum duty of care for people's safety. One early case was Cooke v Midland Great Western Railway of Ireland,[7] where Lord MacNaughton felt that children who were hurt whilst looking for berries on a building site, should have some compensation for their unfortunate curiosity. Statutory torts also spread across workplace health and safety laws and health and safety in food produce.


The concept of statutory torts is not held throughout all common-law countries, however. Courts in both the United States and Canada have rejected the concept that a statutory duty can be the basis of a private cause of action, absent a specific provision in statute authorising such a cause of action. In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. ...


Nuisance

Main articles: Nuisance and Rylands v. Fletcher

The tort of nuisance allows a claimant (formerly plaintiff) to sue for most acts that interfere with their use and enjoyment of their land. A good example of this is in the case of Jones v Powell (1629).[8] A brewery made stinking vapors which wafted onto neighbors' property, damaging his papers. As he was a landowner, the neighbor sued in nuisance for this damage. But Whitelocke J, speaking for the Court of the King's Bench, said that because the water supply was contaminated, it was better that the neighbor's documents were risked. He said "it is better that they should be spoiled than that the common wealth stand in need of good liquor." Nowadays, interfering with neighbors' property is not looked upon so kindly. Nuisance deals with all kinds of things that spoil a landowner's enjoyment of his property. Nuisance is a common law tort. ... Rylands v. ... Kettles in a modern Trappist brewery A brewery can be a building or place that produces beer, or a business (brewing company) whose trade is the production and sale of beer. ... One of the ancient courts of England, the Kings Bench (or Queens Bench when the monarch is female) is now a division of the High Court of Justice of England and Wales. ...


A subset of nuisance is known as the rule in Rylands v. Fletcher[9] where a dam burst into a coal mine shaft. So a dangerous escape of some hazard, including water, fire, or animals means strict liability in nuisance. This is subject only to a remoteness cap, familiar from negligence when the event is unusual and unpredictable. This was the case where chemicals from a factory seeped through a floor into the water table, contaminating East Anglia's reservoirs.[10] Rylands v. ... Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. ... Negligence is a legal concept usually used to achieve compensation for injuries (not accidents). ... Norfolk and Suffolk, the core area of East Anglia. ... A reservoir (French: réservoir) is an artificial lake created by flooding land behind a dam. ...


Free market environmentalists would like to expand tort damage claims into pollution (i.e. toxic torts) and environmental protection.[11][12] Free market environmentalism is an ideology that argues the free market is the best tool to preserve the health and sustainability of the environment. ... Air pollution Pollution is the introduction of pollutants (whether chemical substances, or energy such as noise, heat, or light) into the environment to such a point that its effects become harmful to human health, other living organisms, or the environment. ... // What is a toxic tort? A toxic tort is a special type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical caused the plaintiffs toxic injury or disease. ... Environmental movement is a term often used for any social or political movement directed towards the preservation, restoration, or enhancement of the natural environment. ...


Defamation

Main article: Defamation
The "McLibel" Two were involved in the second-longest case in UK history for publishing an article criticizing McDonald's restaurants
The "McLibel" Two were involved in the second-longest case in UK history for publishing an article criticizing McDonald's restaurants

Defamation is tarnishing the reputation of someone; it is in two parts, slander and libel. Slander is spoken defamation and libel is printed and broadcast defamation, both share the same features. Defaming someone entails making a factual assertion for which evidence does not exist. Defamation does not affect or hinder the voicing of opinions, but does occupy the same fields as rights to free speech in the United States Constitution's First Amendment, or the European Convention's Article 10. Related to defamation in the U.S. are the actions for misappropriation of publicity, invasion of privacy, and disclosure. Abuse of process and malicious prosecution are often classified as dignitary torts as well. Slander and Libel redirect here. ... Image File history File links Mcspotlight. ... Image File history File links Mcspotlight. ... Helen Steel and David Morris, the defendants in the McLibel case, at the launch of McSpotlight. ... McDonalds Corporation (NYSE: MCD) is the worlds largest chain of fast-food restaurants, primarily selling hamburgers, chicken, french fries, milkshakes and soft drinks. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... First Amendment may refer to the: First Amendment to the United States Constitution First Amendment of the Constitution of Ireland Categories: ... The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ... Invasion of privacy is a legal term essentially defined as a violation of the right to be left alone. ... Abuse of process is a common law intentional tort. ... Malicious prosecution is a common law intentional tort. ...


Intentional torts

Main article: Intentional tort

Intentional torts are any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so. Intentional torts have several subcategories, including tort(s) against the person, including assault, battery, false imprisonment, intentional infliction of emotional distress, and fraud. Property torts involve any intentional interference with the property rights of the claimant. Those commonly recognized include trespass to land, trespass to chattels, and conversion. An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... At common law, battery is the tort of intentionally (or, in Australia, negligently) and volitionally bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (i. ... False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... Trespass to land is a common law tort that is committed when an individual intentionally (or in Australia negligently) enters the land of another without lawful excuse. ... Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another persons lawful possession of a chattel. ... In law, conversion is an intentional tort to personal property (same as chattel), where defendants unjustified willful interference with the chattel deprives plaintiff of possession of such chattel. ...


Economic torts

Main article: Economic tort
Strikers gathering in Tyldesley in the 1926 General Strike in the U.K.
Strikers gathering in Tyldesley in the 1926 General Strike in the U.K.

Economic torts protect people from interference with their trade or business. The area includes the doctrine of restraint of trade and has largely been submerged in the twentieth century by statutory interventions on collective labour law and modern antitrust or competition law. The "absence of any unifying principle drawing together the different heads of economic tort liability has often been remarked upon."[13] Economic torts are torts that provide the common law rules on liability for the infliction of pure economic loss, such as interference with economic or business relationships. ... Image File history File links Tyldesley_miners_outside_the_Miners_Hall_during_the_1926_General_Strike. ... Image File history File links Tyldesley_miners_outside_the_Miners_Hall_during_the_1926_General_Strike. ... Strike action, often simply called a strike, is a work stoppage caused by the mass refusal by employees to perform work. ... , Tyldesley (pronounced tils-lee) is a town within the Metropolitan Borough of Wigan, Greater Manchester, England. ... Year 1926 (MCMXXVI) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar. ... At present, the law will not enforce certain types of contracts on the ground of illegality. ... This article is in need of attention. ... This article is about anti-competitive business behavior. ... Antitrust redirects here. ...


Two cases demonstrated economic tort's affinity to competition and labor law. In Mogul Steamship Co. Ltd.[14] the plaintiff argued he had been driven from the Chinese tea market by competitors at a 'shipping conference' that had acted together to under price his company. But this cartel was ruled lawful and "nothing more [than] a war of competition waged in the interest of their own trade."[15] Nowadays, this would be considered a criminal cartel. In labor law the most notable case is Taff Vale Railway v. Amalgamated Society of Railway Servants.[16] The House of Lords thought that unions should be liable in tort for helping workers to go on strike for better pay and conditions. But it riled workers so much that it led to the creation of the British Labour Party and the Trade Disputes Act 1906 Further torts used against unions include conspiracy,[17] interference with a commercial contract[18] or intimidation.[19] An editor has expressed a concern that the tone or style of this section may not be appropriate for an encyclopedia. ... For the American pop-punk band, see Cartel (band). ... The Labour Party is a centre-left or social democratic political party in Britain (see British politics), and one of the United Kingdoms three main political parties. ... The Trade Disputes Act 1906 (short title ) was an Act of the Parliament of the United Kingdom passed under the Liberal government of Sir Henry Campbell-Bannerman. ...


Through a recent development in common law, beginning with Hedley Byrne v Heller[20] in 1964 a victim of the tort of negligent misstatement may recover damages for pure economic loss caused by detrimental reliance on the statement. Misrepresentation is a tort as confirmed by Bridge LJ in Howard Marine and Dredging Co. Ltd. v A Ogden & Sons[21]. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


Competition law

Main article: Competition law

Modern competition law is an important method for regulating the conduct of businesses in a market economy. A major subset of statutory torts, it is also called 'anti-trust' law, especially in the US, articles 81 and 82 of the Treaty of the European Union, as well as the Clayton and Sherman Acts in the U.S., which create duties for undertakings, corporations and businesses not to distort competition in the marketplace. Cartels are forbidden on both sides of the Atlantic. So is the abuse of market power by monopolists, or the substantial lessening of competition through a merger, acquisition, or concentration of enterprises. A huge issue in the EU is whether to follow the U.S. approach of private damages actions to prevent anti-competitive conduct.[22] Antitrust redirects here. ... A market economy (also called a free market economy or a free enterprise economy) is an economic system in which the production and distribution of goods and services take place through the mechanism of free markets (though completley useless to some dumbasses) guided by a free price system. ... Media:Example. ... United States may refer to: Places: United States of America SS United States, the fastest ocean liner ever built. ... The Maastricht treaty (formally, the Treaty on European Union) was signed on 7 February 1992 in Maastricht between the members of the European Community and entered into force on 1 November 1993. ... The Atlantic Ocean is Earths second-largest ocean, covering approximately one_fifth of its surface. ... This article is about the economic term. ... The phrase mergers and acquisitions or M&A refers to the aspect of corporate finance strategy and management dealing with the merging and acquiring of different companies as well as assets. ... Look up acquisition in Wiktionary, the free dictionary. ... Wikiquote has a collection of quotations by or about: European Union The European Union On-Line Official EU website, europa. ...


Liability, defenses, and remedies

Vicarious liability

Main article: Vicarious liability

The word 'vicarious' derives from the Latin for 'change' or 'alternation' or 'stead'[23] and in tort law refers to the idea of one person being liable for the harm caused by another, because of some legally relevant relationship. An example might be a parent and a child, or an employer and an employee. You can sue an employer for the damage to you by their employee, which was caused 'in the course of employment'. For example, if a shop employee spilled cleaning liquid on the supermarket floor, one could sue the employee who actually spilled the liquid, or sue the employers. In the aforementioned case, the later option is more practical as they are more likely to have more money. The law replies "since your employee harmed the claimant in the course of his employment, you bear responsibility for it, because you have the control to hire and fire him, and reduce the risk of it happening again." There is considerable academic debate about whether vicarious liability is justified on no better basis than the search for a solvent defendant, or whether it is well founded on the theory of efficient risk allocation. Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the right, ability or duty to... For other uses, see Latins and Latin (disambiguation). ...


Defenses

A successful defense absolves the defendant from full or partial liability for damages. Apart from proof that there was no breach of duty, there are three principal defences to tortious liability.


Volenti non fit injuria

This is Latin for "to the willing, no injury is done". It operates when the claimant either expressly or implicitly consents to the risk of loss or damage. For example, if a spectator at an ice hockey match is injured when a player strikes the puck in the ordinary course of play, causing it to fly out of the rink and hit him or her, this is a foreseeable event and spectators are assumed to accept that risk of injury when buying a ticket. A slightly more limited defense may arise where the defendant has been given a warning, whether expressly to the claimant or by a public notice, sign or otherwise, that there is a danger of injury. The extent to which defendants can rely on notices to exclude or limit liability varies from country to country. This is an issue of policy as to whether (prospective) defendants should not only warn of a known danger, but also take active steps to fence the site and take other reasonable precautions to prevent the known danger from befalling those foreseen to be at risk. Volenti non fit injuria is a Latin expression meaning to a willing person, no injury is done. The principle is that someone who knowingly and willingly puts himself in a dangerous situation will be legally disentitled to sue for his or her resulting injuries. ... For other uses, see Latins and Latin (disambiguation). ... Ice hockey, known simply as hockey in areas where it is more common than field hockey, is a team sport played on ice. ...


Contributory negligence

This is either a mitigatory defence or, in the United States, it may be an absolute defence. When used as a mitigatory defence, it is often known in the US as comparative negligence. Under comparative negligence a plaintiff/claimant's award is reduced by the percentage of contribution made by the plaintiff to the loss or damage suffered. Thus, in evaluating a collision between two vehicles, the court must not only make a finding that both drivers were negligent, but it must also apportion the contribution made by each driver as a percentage, e.g. that the blame between the drivers is 20% attributable to the plaintiff/claimant: 80% to the defendant. The court will then quantify the damages for the actual loss or damage sustained, and then reduce the amount paid to the plaintiff/claimant by 20%. In all but four states in the US, if the defendant proves both that the plaintiff/claimant also acted negligently and that this negligence contributed to the loss or damage suffered, this is a complete defence. Contributory negligence is a common law defence to a claim based on negligence, an action in tort. ...


This doctrine has been widely criticized as being too draconian, in that a plaintiff whose fault was comparatively minor might recover nothing from a more egregiously irresponsible defendant. In all but four US states, it has been replaced judicially or legislatively by the doctrine of comparative negligence. Comparative negligence has also been criticized, since it would allow a plaintiff who is recklessly 95% negligent to recover 5% of the damages from the defendant, and often more when a jury is feeling sympathetic. Economists have further criticized comparative negligence, since under the Learned Hand Test it will not yield optimal precaution levels. This article does not cite any references or sources. ... Draco is an Athenian law scribe, whose laws were described as Draconian. Draconian (D&D) refers to creatures unique to the Dragonlance fantasy world. ... Comparative negligence is a system of apportioning recovery for a tort based on a comparison of the plaintiffs negligence with the defendants. ... Billings Learned Hand (January 27, 1872 – August 18, 1961) — usually called simply Learned Hand — was a famed American judge and an avid supporter of free speech, though he is most remembered for applying economic reasoning to American tort law. ...


Illegality

Ex turpi causa non oritur actio is the illegality defence, the Latin for "no right of action arises from a despicable cause". If the claimant is involved in wrongdoing at the time the alleged negligence occurred, this may extinguish or reduce the defendant's liability. Thus, if a burglar is verbally challenged by the property owner and sustains injury when jumping from a second story window to escape apprehension, there is no cause of action against the property owner even though that injury would not have been sustained "but for" the property owner's intervention. If you commit a crime, you cannot sue for damages that you experience while committing the crime ...


Remedies

The main remedy against tortious loss is compensation in 'damages' or money. In a limited range of cases, tort law will tolerate self-help, such as reasonable force to expel a trespasser. This is a defence against the tort of battery. Further, in the case of a continuing tort, or even where harm is merely threatened, the courts will sometimes grant an injunction. This means a command, for something other than money by the court, such as restraining the continuance or threat of harm.[24] Usually injunctions will not impose positive obligations on tortfeasors, but some Australian jurisdictions can make an order for specific performance to ensure that the defendant carries out their legal obligations, especially in relation to nuisance matters.[25] Look up Injunction in Wiktionary, the free dictionary. ... Australia, officially the Commonwealth of Australia, is the sixth-largest country in the world, the only country to occupy an entire continent, and the largest in the region of Australasia/Oceania. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...


Theory and reform

Main article: Tort reform

Scholars and lawyers have identified conflicting aims for the law of tort, to some extent reflected in the different types of damages awarded by the courts: compensatory, aggravated and punitive. In The Aims of the Law of Tort (1951),[26] Glanville Williams saw four possible bases on which different torts rested: appeasement, justice, deterrence and compensation. Tort reform is the phrase used by its advocates who claim it is a change in the legal system to reduce litigations alleged adverse effects on the economy. ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ... Characterized by some feature defined by law that enhances the crime, as the intention of the criminal or the special vulnerability of the victim: aggravated assault; aggravated rape. ... Punitive damages (termed exemplary damages in the United Kingdom) are damages not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. ... Glanville Llewelyn Williams QC, LL.D., F.B.A. was an influential English legal professor and formerly the Rouse Ball Professor of English Law at the University of Cambridge. ...


From the late 1950s a group of legally oriented economists and economically oriented lawyers emphasized incentives and deterrence, and identified the aim of tort as being the efficient distribution of risk. They are often described as the law and economics movement. Ronald Coase, one of the movement's principal proponents, submitted, in his article The Problem of Social Cost (1960),[27] that the aim of tort should be to reflect as closely as possible liability where transaction costs should be minimized. The 1950s decade refers to the years of 1950 to 1959 inclusive. ... For the Parker Brothers board game, see Risk (game) For other uses, see Risk (disambiguation). ... Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. ... Ronald Harry Coase (b. ... In economics and related disciplines, a transaction cost is a cost incurred in making an economic exchange. ...


Calls for reform of tort law come from diverse standpoints reflecting diverse theories of the objectives of the law. Some calls for reform stress the difficulties encountered by potential claimants. Because of all people who have accidents, only some can find solvent defendants from which to recover damages in the courts, P. S. Atiyah has called the situation a "damages lottery".[28] Consequently, in New Zealand, the government in the 1960s established a "no-fault" system of state compensation for accidents. Similar proposals have been the subject of Command Papers in the UK and much academic debate. Patrick S. Atiyah QC FBA (born March 5, 1931) is an English lawyer and academic. ... The 1960s decade refers to the years from the beginning of 1960 to the end of 1969. ... Front cover of the National Plan published by the Department for Economic Affairs in 1965 as Cmnd. ...


However, in the U.S. calls for reform have tended to be for drastic limitation on the scope of tort law, a minimisation process on the lines of economic analysis. Anti-trust damages have come under special scrutiny,[29] and many people believe the availability of punitive damages generally are a strain on the legal system. For other uses, see United States (disambiguation) and US (disambiguation). ... Media:Example. ... Punitive damages are damages awarded to a successful plaintiff in a civil action, over and above the amount of compensatory damages, to: punish the conduct of the civil defendant; deter the civil defendant from committing the invidious act again; and deter others from doing the same thing. ...


Theoretical and policy considerations are central to fixing liability for pure economic loss and of public bodies.


Overlap with criminal law

There is some overlap between criminal law and tort, since tort, a private action, used to be used more than criminal laws in the past. For example, in English law an assault is both a crime and a tort (a form of trespass to the person). A tort allows a person, usually the victim, to obtain a remedy that serves their own purposes (for example by the payment of damages to a person injured in a car accident, or the obtaining of injunctive relief to stop a person interfering with their business). Criminal actions on the other hand are pursued not to obtain remedies to assist a person — although often criminal courts do have power to grant such remedies — but to remove their liberty on the state's behalf. That explains why incarceration is usually available as a penalty for serious crimes, but not usually for torts. English law is a formal term of art that describes the law for the time being in force in England and Wales. ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ... An injunction is an equitable remedy in the form of a court order that either prohibits or compels (enjoins or restrains) a party from continuing a particular activity. ... The examples and perspective in this article or section may not represent a worldwide view. ...


Many jurisdictions, especially the US, retain punitive elements in tort damages, for example in anti-trust and consumer-related torts, making tort blur the line with criminal acts. Also there are situations where, particularly if the defendant ignores the orders of the court, a plaintiff can obtain a punitive remedy against the defendant, including imprisonment. Some torts may have a public element — for example, public nuisance — and sometimes actions in tort will be brought by a public body. Also, while criminal law is primarily punitive, many jurisdictions have developed forms of monetary compensation or restitution which criminal courts can directly order the defendant to pay to the victim.[30] Punitive damages (termed exemplary damages in the United Kingdom) are damages not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. ... Nuisance is a common law tort. ...


Tort by legal jurisdiction

Legal jurisdictions whose legal system developed from the English common law have the concept of tortious liability. There are technical differences from one jurisdiction to the next in proving the various torts. For the issue of foreign elements in tort see Tort and Conflict of Laws. English law, the law of England and Wales (but not Scotland and Northern Ireland) is considered by some to be one of Britains great gifts to the world. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In Conflict of Laws, the choice of law rule for tort is the proper law. ...

In addition, other legal systems have concepts comparable to torts. See, for instance, the rabbinic category of Damages (Jewish law). Tort law in Australia includes the body of precedents and, to a lesser extent, legislation, which together define the operation of tort law in Australia. ... Categories: Possible copyright violations ... This page is a candidate for speedy deletion. ... Under United States tort law, torts are generally divided into two categories: intentional torts and non-intentional torts. ...


See also

This list is not necessarily complete or up to date - if you see an article that should be here but isnt (or one that shouldnt be here but is), please update the page accordingly. ... Delfino v. ... Tort reform is the phrase used by its advocates who claim it is a change in the legal system to reduce litigations alleged adverse effects on the economy. ...

Notes

  1. ^ "Tort" is the Norman word for a "wrong." as traditionally used, this kind of wrong is distinct from a contractual or criminal wrong. G. Edward White, Tort Law in America: An Intellectual History, (2003) p. xxiii.
  2. ^ Zweigert, P. & Kötz, H. (1998). An Introduction to Comparative Law, 3rd ed., Oxford: Clarendon Press, pp595-628. ISBN 0198268599. 
  3. ^ Legal Definition of Tortfeasor
  4. ^ PDF page 302
  5. ^ [1932] AC 562
  6. ^ see Occupier's Liability Act 1956 and 1984
  7. ^ [1909] AC 229
  8. ^ Jones v Powell (1629) 123 Eng. Rep. 1155
  9. ^ Rylands v. Fletcher (1866) LR 1 Exch 265
  10. ^ Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 2 AC 264
  11. ^ Law, Property Rights, and Air Pollution by Murray N. Rothbard
  12. ^ Property Rights in the Defense of Nature Enviroprobe
  13. ^ p.509 Markesinis and Deakin's Tort Law (2003 5th Ed.) OUP)
  14. ^ Mogul Steamship Co. Ltd. v. McGregor, Gow & Co. (1889) LR 23 QBD 598
  15. ^ per Bowen LJ, (1889) LR 23 QBD 598, 614
  16. ^ Taff Vale Railway v. Amalgamated Society of Railway Servants [1901] AC 426
  17. ^ Quinn v. Leatham [1901] AC 495
  18. ^ Torquay Hotels Ltd v. Cousins [1968]
  19. ^ Rookes v. Barnard [1964] AC 1129
  20. ^ [1964] AC 465
  21. ^ [1978] QB 574
  22. ^ Richard Whish, Competition Law (2003) 5th Ed., Lexis Nexis, Ch. 10
  23. ^ vicarious - Definition from the Merriam-Webster Online Dictionary
  24. ^ Miller v. Jackson [1975]
  25. ^ Currie, S., & Cameron, D. (2000), "Your Law", Nelson Thomson Learning, Melbourne, p. 225
  26. ^ Williams, G. [1951] "The Aims of the Law of Tort", Current Legal Problems 137
  27. ^ Coase, R. H. (1960). "The Problem of Social Cost". The Journal of Law and Economics 3: 1–44. doi:10.1086/466560. , reprinted in Coase, R. H. (1990). The Firm, the Market and the Law. Chicago: Chicago University Press, pp95-156. ISBN 0-226-11101-6. , online version
  28. ^ Atiyah, P. S. (1997) The Damages Lottery
  29. ^ see especially, Bork, R. (1971) The Antitrust Paradox
  30. ^ See also Ronen Perry, The Role of Retributive Justice in the Common Law of Torts: A Descriptive Theory, 73 Tenn. L. Rev. 177 (2006).

Murray Newton Rothbard Murray Newton Rothbard (March 2, 1926 - January 7, 1995) was an American economist and political theorist belonging to the Austrian School of Economics who helped define modern libertarianism and anarcho-capitalism. ... A digital object identifier (or DOI) is a standard for persistently identifying a piece of intellectual property on a digital network and associating it with related data, the metadata, in a structured extensible way. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ...

Further reading

  • Simon Deakin, Angus Johnston and Basil Markesinis, Tort Law (2003) 5th Ed. Oxford University Press, ISBN 0-19-925711-6
  • Mark Lunney, Ken Oliphant, Tort Law - Texts, Cases (2003) 2nd Ed. Oxford University Press, ISBN 0-19-926055-9
  • van Gerven, W. et al. (eds) (2001). Cases, Materials and Text on National, Supranational and International Tort Law. Oxford: Hart Publishing. ISBN 1841131393. 
Look up tort in Wiktionary, the free dictionary.

Wikipedia does not have an article with this exact name. ... Wiktionary (a portmanteau of wiki and dictionary) is a multilingual, Web-based project to create a free content dictionary, available in over 151 languages. ... For other uses, see Law (disambiguation). ... For other uses, see Law (disambiguation). ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... This article or section does not cite any references or sources. ... This law-related article does not cite its references or sources. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... International law deals with the relationships between states, or between persons or entities in different states. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ... Image File history File links Scale_of_justice_2. ... For other uses, see Law (disambiguation). ... Labour law (American English: labor) or employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations. ... Human rights law is a system of laws, both domestic and international which is intended to promote human rights. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... The law of evidence governs the use of testimony (e. ... Immigration law refers to national government policies which control the phenomenon of immigration to their country. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... Commercial law (sometimes known as business law) is the body of law which governs business and commerce. ... Corporate law (also corporations law or company law) refers to the law establishing separate legal entities known as the company or corporation and governs the most prevalent legal models for firms, for instance limited companies (Ltd or Pty Ltd), publicly limited companies (plc) or incorporated businesses (Inc. ... Notice of closure stuck on the door of a computer store the day after its parent company, Granville Technology Group Ltd, declared bankruptcy (strictly, put into administration—see text) in the United Kingdom. ... For the 2006 film, see Intellectual Property (film). ... The following analysis is based on English law. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes. ... Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. ... Antitrust redirects here. ... Consumer protection is a form of government regulation which protects the interests of consumers. ... Environmental law is a body of law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seeks to protect the natural environment which may be affected, impacted or endangered by human activities. ... International law deals with the relationships between states, or between persons or entities in different states. ... Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ... Military law is a distinct legal system to which members of armed forces are subject. ... Products liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. ... World distribution of major legal traditions The three major legal systems of the world today consist of civil law, common law and religious law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... For other uses of civil law, see civil law. ... In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ... It has been suggested that this article or section be merged with Socialist Legality. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Patriarch of Constantinople Christianity Portal This box:      Canon law is the term used for... Sharia (Arabic: transliteration: ) is the body of Islamic religious law. ... This article is about law in society. ... Legal history is a term that has at least two meanings. ... For the jurisprudence of courts, see Case law. ... Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. ... Sociology of law refers to both a sub-discipline of sociology and an approach within the field of legal studies. ... For other uses, see Law (disambiguation). ... In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... A Legislature is a type of representative deliberative assembly with the power to create, amend and ratify laws. ... This article is about the sociological concept. ... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ... The Politics series Politics Portal This box:      Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state (regardless of that states political system) and commercial institutions. ...


  Results from FactBites:
 
Tort - Wex (387 words)
Torts are civil wrongs recognized by law as grounds for a lawsuit.
While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committingthe same harms.
Tort law is state law created through judges (common law) and by legislatures (statutory law).
Tort - LoveToKnow 1911 (2485 words)
Again, it is not the case that pecuniary damages are always or necessarily the only remedy for a tort; but the right to bring an action in common law jurisdiction, as distinct from equity, matrimonial or admiralty jurisdiction, with the consequent right to damages, is invariably present where a tort has been committed.
The old forms were designed as penal remedies for manifest breach of the peace or corruption of justice; and traces of the penal element remained in them long after the substance of the procedure had become private and merely civil.
Every member of a civilized commonwealth is entitled to require of others a certain amount of respect for his person, reputation and property, and a certain amount of care and caution when they go about undertakings attended with risk to their neighbours.
  More results at FactBites »

 
 

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